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1925 Supreme(Oudh) 173
HIGH COURT OF OUDH
Simpson, A.J.C.
Ram Dayal - Appellant
Versus
Emperor - Respondent
Decided On : 13-05-1925
JUDGMENT
Simpson, A J C - This is a criminal revision. The applicant was a shunting porter at Charbagh Station, Lucknow. He applied for and obtained a free pass for his wife and mother. He handed over this pass to another woman, who was neither his wife nor his mother, and she used it. He was convicted under Section 420 Indian Penal Code and the Magistrate sentenced him to 9 months' rigorous imprisonment. On appease the learned Sessions Judge reduced the sentence to one of 3 months' rigorous imprisonment. I am informed that the sentence has now been served out so the revision has lost a great part of its importance. However, his Counsel says that a conviction under the Penal Code carries with it a stigma, which does not attach to a conviction under the Railways Act, and he maintains that his client ought to have been convicted, not under Section 420, but under Section 112 of the Railways "Act. The matter has already been discussed by the learned Sessions Judge, and I agree with what he said. I am asked to record a conviction under Section 112(a) which subjects to punishment a person who enters, in contravention of Section 68, any carriage on a railway. Section 68 prohibits the entering of a carriage as a passenger unless with a proper pass or ticket. But the applicant is not charged with anything of this kind He is charged with handing over the pass he obtained for his wife or mother to somebody who was not authorized to use it. The application is dismissed.
